Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-06-12

HaQ8t4AF4 - ~ 42I9 - N4Ao Nl4NA -
sAis eoaFt. Not xi1enee thai nss beea
submitted 20 yoa som where elBe. Hs
hza no chsace to defend hia eelf here
a9 Sfnss p7blic pFsja3ies or r7@or or
hsarsay OF any otnse svidsnas not gro
dueed before him That - What the
iag reqairss it 10 all it requires. IL
oGRht 60 req 7ire il. Il is all the charge
700 have to consider. and y0n must al
lsW nothing outside OF the evidence
| here prodaced in Court to inh1ence
voar verdsct. for should any other rule
b followed, then the most innocent oiti-
zsn Dnst Be u1aishsd, and toe admins
ErAsicn OF the Ia1 become a eagine Of
| gronz instead Of toe shield Of tbs Just
and tie terror Of the gnilty.
IL is for that reason, gentlemen. that
= jary IL sworn 10 trns dslIv sranos,
make snd give q true y.raict between
to Territory and the accused upon tn
idenca sivsn IN court. II that we're
aot 90. then all msa are defenseless
when assaulted. Hoe oaa g man dsteR1
hims III against q charge be has not
heard or against evidence not prodaced
before him and in bis bearing
II is not nsssssAry ia this case that
yoQ should fad that the defendant 30
toally fired the fatal shot Aimsslf. II
the evidence satisfies yen beyond rea-
sopabte d1aot taat the defendant
caused or procursd 1t to be done or ad
vised, aided or sbetted the doing OF
IL. be is eq tally guilty as though he had
| dred toe Gun 9th his own bands.
What is a reasonable doubts have
already given yen q rule. will now
try TO simplify and explsin it. A rea.
sonabls doubt 10 not III stl be shall
proved guilty bevosd all posi-
BILE doubt. The diff srsaoas in the
phrases express it nearly as clearly sHd
positively as it can hs expressed; not
beyond all possible doabt, bus beyond
ali reasonable doubt. A reasonable
doubt does not ms8n that we're q
prudent man placed in position where
ne mus. act IN some way, be would hest
tate as 10 which Is the best way TO act.
i There he W0ald have choice OF va 8,
| II be must act in some way. and be
might be In grave doubt which way to
movs; bat bsinq compelled TO move, be
would of course oh bose the way Of least
apparent doabt or danger, though all OF
| them might be extremely haz lrdoua.
| Bat, il q pFudent man lie free to act or
net to act at all, II be 50 elects, and then
in q matter OF tbs very highest i'm
poEtanc0 to himself he would act wish
| confideace aud an abiding conviction
| be was right. then his mind 10 free from
reasonable 1uot. There may still re-
main ia his mind some possibility Of
| doabt, bat it is not what ths law calls
a reasonable doubt.
have said this case is one Of the very
greatest importance to the defendant.
/ There cannot well be more grave
charge than the one made against him.
| The crime OF murder Is defined BY our
statute az follows: Every person, Who
shall puFposely and Of deliberate and
preme iisated m alice kill another, shall
be deemed gu.lty OF murder IN the tirst
| degree. Words can scarcely be used TO
ex press more certainly the purpose OF
the Legislature than those / have read
tn ven describing the crime OF murder.
Tas killing mast be purposely done.
| Must be done with deliberate and pre-
| msditated malice. You have q right to
| presume these facts from the fact OF she
| killing and the circumstances surround
| ing il, IL they satisfy you beyond q rea-
| soaabia q Iubt that the facts exist
II these fac 8 are so proved to your
satisfaction, and and it Is not seriously
disputed or dispsted at all IN this case
| tnat Mr.. Oolman was murdered then
/ the only other question for you TO de
;ermine is ibis very grave one: Did the
/ defendant kill him2 This need not be
,rJved to voa to the extent of = mathe.
| matical demonstration, as two times
two make four. The Law does not re-
quirs that. Not that high degree Of
| certainty to prove il. Az men say, to a
moral certainty is sufficient. That
phrase implies a very high degree of
/ certainty: It means Certainty that
aonvinoes the Understanding and salts
| 6 % the reason of a conscientious and
| prudent mao so that be acts upon il IN
| fl airs of the greatest gravity. 1t does
not mean fresdOm from all possible
| d)ubt, bat it means that after compari
son aud deliberately considering aud
weighing all the evidence IL the mind OF
the juror is left IN that condition that
| De can truthfully say to himself sud to
/ all men that he has an abiding conv!c-
| ton that the charge Is true, II the mind
| ia thus satisfied, the defend ant ought to
be found guilty. II the mind is not
thus satisfied, then there is a reasonA
BILE dou1t remaining and the defendant
IL entiIled to the fail benefit of it aud
he must be acquitted. II the mind is
thus satisfied as | have said then the
law. good government and every honor
able motive requires verdict OF guilty
at YOUR hands.
You hava nothing to do therefore with
| what is called q preponderance of proof,
that is to say that there is greater
| weight of evidence on one side th4n on
the other. Nor have you anything TO
do With probability, even the strongest
| probability, for that means that it is
doubtful. Bat tbs Law does not cay
there mast be absolute certainty as Ia a
mathematical certainty, because 10
cases of this kind the law mostly de-
lends on considerations OF a moral
character and IL il went further than
shis q conviction could never be had in
cases OF crime committed and TO be
proved by circumstances.
Nov, gentlemsa, yo1 hava a right to
| iadQs of the evidence as | have said,
and must Judge of it. 1t can make no
difference, 10 ought to make no differ
ence to you what may think ab nut ID,
what any other man may think aboat
u. nor what all men may think about it.
What is your judgment abeut itl That
the question alone. Judge OF il as
you do every Other m after of the Rravest
and highest importance. Judge of il
BY experience. You are in the habit
every day, because Of finding some one
1 kutaR W DC hEuc u NuGTblOEc laukluG
that arsther thing is either true or
false. You act upon matters Of the ut
most Importance because a certain
cause produces a certain effect, bat the
question may then arise does it always
| produce that effect, is there any other
cause that will produce that effect7 1t
| will not do, gentlemen, in this case TO
say that q cause seems TO pred0ce Ger
tain eject or q certain rssult2 In thst
case such doubt exists as leaves il
simply probable or most probable or
extremely probable. The doctrine Of
chances OF probabilities can have no
place in q case of this character. Some
men say they will not act upon oireum
stantial evidence and yet they do 1t
every daY.
here is no difference between direct
evidence and eiroumstantial evidence
90 far as results are concerned.
Circumstances must point unmistak-
ably TO the fact to be prov d Direct
/ evidence cannot possibly do more than
that, and unless IL dses do that it is not
satisf aotoFv 40 "a to found a c0uYiotiun